Minnesota Child Support: a Handshake Is Not Enough
The Minnesota Supreme Court was recently asked whether a ‘handshake’ agreement between parents to pay support for their child is enforceable in Minnesota. Their answer was … “no”. This announcement…
All In The Family: the Importance of Exclusivity
Some of us are old enough to remember the Archie Bunker archetype, and the disdain for his in-law Mike ‘Meathead’ Stivic famously portrayed in the iconic All in the Family…
POST NUPS: UNCONSCIONABLE OR JUST A BAD DEAL?
We occasionally get asked about post nuptial agreements; an agreement between spouses who wish to stay married but separate their property rights. Post nuptial, like pre nuptial agreements, define property…
Karon Waivers & Fake News: Proceed With Caution!
Despite lacking clear definition, the term “fake news” now frequently appears in political discourse. Without objective, universally-accepted criteria, it can be hard for consumers to discern what the term “fake…
Fraud: Anathematic to an Otherwise Enforceable Divorce Agreement
Divorces are frequently resolved by agreement, rather than litigation. Courts have long favored settlement of disputes without litigation. Hentschel v. Smith, 153 N.W.2d 199, 204 (Minn. 1967). In family court,…
“Words Speak Louder than Action”: Child Support & Parenting Time in Minnesota
I was reviewing a recent Minnesota Court of Appeals decision, Nelson v. Nelson (A22-0077) and, came to the conclusion that the old adage “actions speak louder than words” rings true…
Child Support Modification: Not Automatic Upon A Child’s Emancipation
What happens to a child support obligation when a child becomes emancipated? It doesn’t necessarily terminate, or even drop. Minnesota law provides 3 possibilities: child support that is ordered in…
Third Party Custody Rights: When a Child’s Best Interests Override Parent’s Rights to 25% Parenting Time
A Minnesota court will award custody rights to a third party (often a grandparent) when a child has been living with that third party for extended periods, without the presence…
“Get to Work!” What is ‘Voluntary Underemployment’ and How Does it Affect Child Support?
When it comes to determining child support, Minnesota’s child support laws require that parents work to support their children; accordingly, courts will assume parents can work full-time to financially support…
When Alleging the Conduct is Worse than the Conduct Alleged.
Like the boy that cried wolf, losing credibility can be a parent’s undoing in a child custody dispute. For example, calling the cops on mother for serving your child mac…